Google asks Supreme Court to weigh in on the extent of copyright protection for APIs

Last week, Google asked the Supreme Court to hear a copyright infringement case, originally brought by Oracle against the search engine giant four years ago. Oracle accused Google of infringing patents and copyrights pertaining to Java in its Android mobile OS, James Nicolai explains on IT World. The case is especially important since it opens up a relatively new frontier in terms of copyright protection for APIs, and as such, could have repercussions for a developer's ability to create new software. 

While a lower court ruled in Google's favor, in May an appeals court overturned that ruling. Google has asked the Supreme Court to hear the case, but the request itself by no means serves as a guarantee it will reach the highest court.

In the lawsuit, Oracle alleges that Google copied basic elements of Java when it was developing the OS, including the structure of the Java APIs, which serve as interfaces for application programming. Moreover, Oracle claimed that Google did this to make developers' jobs easier—those who had familiarity with Java would find it easier to write programs for Android.  Oracle was seeking U.S. $1 billion in damages stemming from these alleged copyright infringements.

Google argued otherwise, asserting that copyright should not protect APIs since the latter need to write compatible programs. "The lower court agreed, but the appeals court sided with Oracle and said APIs are creative works that deserve protection like any other," Nicolai writes. 

If you run a business—regardless of its size—it is critical to protect your intellectual property. Contact a small business attorney who specializes in intellectual property and copyright infringement. 

Categorised in: Intellectual Property Law

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